Hay and Straw Act 1796

AN ACT to regulate the Buying and Selling of Hay and Straw, and for repealing so much of Two Acts made in the Second Year of the Reign of King William and Queen Mary and in the Thirty-first Year of the Reign of King George the Second as relate to the Buying and Selling of Hay and Straw within the Limits therein mentioned.

WHEREAS many and great abuses are committed by salesmen and other persons selling hay and straw in the city of London and within the limits of the weekly bills of mortality, and other places within the vicinity thereof: And whereas the laws now in being are not sufficient to prevent the same: For remedy whereof, be it enacted by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, that so much of an Act made in the second year of the reign of King William and Queen Mary intituled "An Act for paving and cleansing the streets in the cities of London and Westminster, and suburbs and liberties thereof, and out parishes in the county of Middlesex, and in the borough of Southwark, and other places within the weekly bills of mortality in the county of Surrey, and for regulating the markets therein mentioned," and also so much of an Act made in the thirty-first year of the reign of King George the Second, intituled "An Act to ascertain the weight of trusses of straw, and to punish deceit in the sale of hay and straw in trusses, in London and within the weekly bills of mortality, and within the distance of thirty miles thereof, and to prevent common salesmen of hay and straw from buying the same on their own account to sell again, and also to restrain salesmen, brokers or factors in cattle from buying on their own account to sell again any live cattle in London or within the weekly bills of mortality, or which are driving up thereto," as relates to hay and straw, shall from and after the twenty-fourth day of June one thousand seven hundred and ninety-six be and the same are hereby repealed.

AND that no hay or straw whatever shall be sold in any market or place within the cities of London or Westminster or the weekly bills of mortality, or within thirty miles thereof, other than what is made up in bundles or trusses; and if any person shall sell any hay or straw other than what is made up in bundles or trusses within the cities or limits aforesaid, every person so offending and being convicted thereof shall for every such offence forfeit and pay the sum of twenty shillings.

AND that each and every bundle or truss of hay sold in any market or place within the cities or limits aforesaid between the last day of August in any year and the first day of June in the succeeding year shall contain and be of the full weight of fifty-six pounds at least; and that every bundle or truss of hay sold within the cities or limits aforesaid between the first day of June and the last day of August in any year, being new hay of the summer's growth of that year, shall be and contain the full weight of sixty pounds, and being old hay of any former year's growth the weight of fifty-six pounds as aforesaid; and that each and every bundle or truss of straw sold within the cities or limits aforesaid shall contain and be of the full weight of thirty-six pounds; and that every load of hay or straw shall contain thirty-six bundles or trusses; and if any hay shall be sold within the cities or limits aforesaid whereof any bundle or truss shall be of less weight than aforesaid, every person so selling shall forfeit for every such truss or bundle of hay not being the full weight aforesaid any sum not exceeding the sum of five shillings nor less than two shillings and sixpence, and for every such truss or bundle of straw the sum of one shilling: Provided always, that no person shall be convicted in the penalty aforesaid for selling any bundle or truss of hay or straw deficient in weight as aforesaid where a load or any other or less quantity is sold at the same time to the same person, if the number of bundles or trusses so sold shall amount upon the whole to the average weight required as aforesaid.

AND that every person who shall sell within the cities or limits aforesaid, between the first day of June and the last day of December in any year, any hay of the growth of that year as or for hay of the growth of any former year, shall forfeit and pay for each and every bundle or truss of hay so sold the sum of two shillings and sixpence.

AND that each and every load, bundle or truss of hay or straw which shall be sold in the cities or limits aforesaid shall be made up with such hay or straw only as the same appears to be by the outside of every such load, bundle or truss; and that such hay or straw only, and not any inferior hay or straw, shall be deemed and taken to be the hay or straw which is to make up the weight of every bundle or truss; and every person who shall sell within the cities or limits aforesaid any load, bundle or truss of hay or straw which shall in the inside thereof be of inferior goodness from what the outside shall appear to be shall forfeit and pay any sum not exceeding five shillings nor less than two shillings and sixpence for every such bundle or truss of hay, and the sum of one shilling for every such bundle or truss of straw.

AND that the pair of bands with which any bundle or truss of hay shall be bound shall not exceed the weight of five pounds; upon pain that every person who shall sell any bundle or truss of hay with bands of a greater weight shall for every such offence forfeit and pay the sum of one shilling, and also the further sum of one shilling for each and every pound weight that every such pair of bands shall weigh over and above the weight of five pounds.

AND that if any person employed to bind hay or straw shall not bind up and make the same into bundles or trusses of such weight as is directed by this Act, every person so offending shall forfeit and pay the sum of sixpence for every bundle or truss of hay or straw not being of such weight.

AND that no common salesman, factor, or agent within the cities or limits aforesaid shall buy and sell on his on account or of any person or persons in trust for him any hay or straw whatsoever, or any grass of any kind or description growing or making into hay; on pain of forfeiting for each and every fifty-six pounds weight of hay so bought and sold five shillings, and for each and every thirty six pounds weight of straw so bought and sold two shillings, and also for each and every acre of such grass growing or making into hay so bought and sold a sum of money not exceeding five pounds nor less than fifty shillings.

AND that every common salesman, factor or agent for the sale of hay or straw within the cities or limits aforesaid shall within seven days next after the sale of every load or other quantity of hay or straw, send to the person or persons on whose account the same shall have been sold a just and true account under his hand of the place where, time when, and the price for which the same was sold, and also the name and place of abode of the purchasers thereof; on pain of forfeiting for every neglect or omission a sum of money not exceeding twenty shillings not less than ten shillings.

AND that in every market for the sale of hay or straw within the cities or limits aforesaid there shall be kept a publick book or register for entering and registering therein an account of all hay and straw which shall be from time to time sold in any such market; and that in and for the city of London such book or register shall be kept by the clerk or toll gatherer for the time being appointed by the Lord Mayor, commonalty and citizens in the said city; and that in and for every other such market within the city of Westminster and limits aforesaid such book or register shall be kept by the clerk or toll gatherer appointed within their several jurisdictions; and that before six of the clock in the evening on the day of the sale of any hay or straw exceeding four trusses in one quantity within the cities or limits aforesaid in any market, and within seven days after any such sale in the said cities and limits out of any market, there shall be made by the seller thereof a true and faithful entry in the book or register of the market in which such hay and straw shall be sold, or where the same shall be sold out of any market in the book or register of the market nearest to the place of sale, distinguishing the true names and places of abode of the persons so selling, and for whom sold, and by whom and on whose account the same shall have been bought, and the place where sold, and the true price paid or agreed to be paid for the same, which entry shall be subscribed by each seller of hay or straw, for which entry shall be paid to the keeper of the book or register the sum of one penny; and that every such book or register shall be kept at some convenient place in every such market for the sale of hay and straw within the cities and limits aforesaid, and shall at all times between the hours of nine of the clock in the morning and six of the clock in the evening of each and every day (Sunday excepted) be open for the inspection of every person applying to inspect the same, paying for every such inspection the sum of one penny; and in case any seller of hay or straw shall omit to make the proper entry required by this Act, or the keeper of any book or register for the purposes aforesaid shall knowingly suffer any untrue entry to be made or signed therein, or shall refuse to permit such book or register to be inspected by any person applying and tendering payment of the fee for such inspection, every such seller of hay or straw or keeper of such book or register so offending shall on conviction for every such offence forfeit and pay a sum of money not exceeding five pounds nor less than ten shillings.

PROVIDED also, that nothing in this Act contained shall oblige any person to register any hay or straw which he shall deliver in the cities or limits aforesaid on special contract or agreement, but such hay and straw only which shall be sent to any market or place within the said cities and limits to be there sold, and which shall be accordingly there sold, shall be registered as before is directed, any thing in this Act before contained to the contrary thereof in anywise notwithstanding.

PROVIDED always that no clerk or toll gatherer or his deputy within the cities and limits aforesaid shall buy or sell or be concerned in the buying or selling of hay or straw within the cities or limits aforesaid, under the penalty of two shillings and sixpence for every bundle or truss of hay so bought or sold by him or in the buying or selling of which he shall be so concerned, and of one shilling for every such bundle or truss of straw.

AND that there shall be provided by every clerk or toll gatherer within the cities or limits aforesaid, and kept at the office of the clerk of every hay market within the said cities or limits, as also at the watch house of each and every parish within the limits thereof, by the churchwardens and overseers of such parishes respectively, proper scales and weights or engines for the weighing all hay and straw which shall be required to be weighed; and such clerk or toll gatherer of the hay market or his deputy, and the constable or headborough of the parish or place where such scales, weights and engines shall be kept, are hereby appointed hay weighers within their respective parishes and places; and if any doubt shall at any time arise whether any hay or straw sold in the cities or limits aforesaid is not of the weight the same ought to be, then it shall be lawful for the buyer thereof, his servant or agent, on the delivery of any such hay or straw at the abode, yard or loft of the buyer, or other place where the same shall be agreed by the seller to be delivered, to cause the same to be weighed in the presence of the seller or his servant or agent; and if on the same being so weighed the buyer or seller of any such hay or straw, his servant or agent, shall be dissatisfied with any such weighing, it shall be lawful for any such buyer, his servant or agent, if the hay be delivered within a parish where there is any hay market, with all convenient speed to apply to the clerk or toll gatherer or his deputy of such market, and if the hay be delivered in any other parish within the cities or limits aforesaid, to apply to the hay weigher nearest to the place where any such hay or straw shall be delivered, to weigh the same, and on any such application being made, such clerk or toll gatherer or his deputy, or other hay weigher who shall be applied to, shall with all convenient speed come to the place where such hay or straw shall be within the limits aforesaid, and shall there weigh such hay or straw as shall be complained of, and the weight thereof which shall be ascertained by any such clerk or toll gatherer or his deputy, or other hay weigher, shall be conclusive to all parties; but in case the clerk or toll gatherer of any market or his deputy shall not upon such application as aforesaid come with all convenient speed to the place where such hay or straw shall be delivered, it shall be lawful for the buyer, his servant or agent, to apply for the purposes aforesaid to such other hay weigher as shall be nearest to the place where any such hay or straw shall be delivered; and the person who shall require any such clerk, toll gatherer or his deputy, or other hay weigher to attend and weigh any such hay or straw shall pay or tender to such hay weigher the sum of three shillings for a load, or in proportion for a greater or less quantity, before he shall be obliged to go to weigh any such hay or straw; and if the hay or straw which shall be so weighed shall not be of the due weight the same ought to be, then the sum so paid shall be forthwith repaid to him by the seller of such hay or straw; and if any clerk or toll gatherer, churchwarden or overseer within the limits aforesaid shall omit to provide and keep proper scales and weights or engines for the weighing of hay or straw, or if any clerk, toll gatherer or his deputy or other hay weigher shall neglect or refuse to weigh any hay or straw when required at any seasonable time in the day time, and so as the sum aforesaid shall have been paid or tendered, every such person offending therein shall for every such offence forfeit and pay any sum not exceeding five pounds nor less than ten shillings.

PROVIDED always, that no person shall incur any penalty for selling any hay or straw of less weight or worse quality than the same ought to be, unless such hay or straw shall be weighed either at or before the delivery, with the privity of the buyer, his servant or agent, or complained of in respect of the quality thereof at the time and place at which the same shall be agreed to be delivered by the seller, in the presence of such seller, his servant or agent, unless such seller, his servant or agent, on request made, or on notice given to him or them to attend to see such hay or straw so weighed, shall refuse or neglect to attend to see the same so weighed, any thing herein contained to the contrary thereof in anywise notwithstanding.

AND that the markets for sale of hay and straw within the cities and limits aforesaid shall end at three of the clock in the afternoon of every market day between Lady Day and Michaelmas, and at two of the clock in the afternoon of every market day between Michaelmas and Lady Day, and that notices thereof shall be given by the clerk or toll gatherer or his deputy in the several markets or places for the sale of hay and straw within the cities and limits aforesaid, by ringing on the usual market days a large hand bell round each respective market or place for the sale of hay or straw one hour before the expiration of the times above mentioned and again at the expiration of the hours above mentioned, on pain of forfeiting for every such offence a sum of money not exceeding ten shillings, nor less than five shillings; and every person who shall sell any hay or straw in any market within the cities or limits aforesaid, after the hours aforesaid, shall forfeit for every bundle or truss of hay so sold the sum of sixpence, and for every bundle or truss of straw so sold the sum of three-pence.

AND that if any person having the care or direction of any waggon, wain or cart used for the purpose of bringing hay or straw shall suffer the same to remain in any market or place for the sale of hay and straw within the cities and limits aforesaid on the usual market days from Lady day to Michaelmas after five of the clock in the afternoon, and from Michaelmas to Lady-day after three of the clock in the afternoon, in any year, every person so offending shall forfeit for every such waggon, wain or cart so left as aforesaid a sum of money not exceeding twenty shillings nor less than five shillings.

AND that if any person having the care or direction of any waggon, wain or cart in any market or place for the sale of hay or straw within the cities or limits aforesaid shall permit or suffer the horse or horses drawing the same to feed and remain in any such market or place for the space of fifteen minutes during the hours allowed for sale of hay or straw, under any pretence whatsoever, every person so offending shall for every such offence forfeit and pay a sum of money not exceeding twenty shillings nor less than five shillings.

AND that no person whatsoever shall buy and sell again any hay or straw that shall or may be conveying by land or water carriage for the purpose of selling within the cities or limits aforesaid, and that every person so offending shall forfeit for every truss of hay or straw so bought and sold the sum of five shillings; and no person shall buy any hay or straw in any market or place for the sale of hay or straw, for the purpose of selling again in any such market or other place within the cities or limits aforesaid, and every person so offending shall for every truss of hay or straw so bought forfeit and pay the sum of five shillings: Provided always, that no person selling hay or straw by retail at their own premises, in any less quantity five trusses as aforesaid, shall be liable to such last-mentioned penalty.

AND that if any person within the cities or limits aforesaid shall, after having purchased for or sent in or delivered to any person by whom or on whose account he may have been so employed to purchase any hay or straw, charge or demand a greater price than what was really and truly paid or agreed to be paid for any such hay or straw, every person so offending shall forfeit and pay the sum of five shillings for every bundle or truss of hay or straw so purchased, sent in or delivered.

AND that if any person shall sell any quantity of hay or straw within the cities or limits aforesaid, and shall afterwards send in or deliver or tender to the buyer thereof, as and for the hay or straw so sold, any other hay or straw in part or in whole, every person so offending shall forfeit and pay the sum of ten shillings for every bundle or truss of hay, and the sum of five shillings for every bundle or truss of straw so sent in, delivered or tendered as aforesaid.

AND that if any person shall knowingly and fraudulently mix or put, or cause to be mixed or put, any water, or any sand, earth or any other matter or thing, in any bundle or truss of hay or straw, with an intent to increase the weight thereof, and shall afterwards sell, send in and deliver the same or any part thereof within the cities or limits aforesaid, or if any person shall sell any quantity of hay or straw within the cities or limits aforesaid, and shall afterwards mix or put or cause to be mixed or put in the bundles or trusses of such hay or straw, water, sand, earth or any other matter or thing, with an intent to increase the weight thereof or any part thereof, and shall afterwards send in or deliver or tender to the buyer thereof any such hay or straw, every person so offending shall forfeit and pay the sum of ten shillings for every bundle or truss of hay, and the sum of five shillings for every bundle or truss of straw so sent in, delivered or tendered as aforesaid.

AND that if any person selling any hay or straw, in any market or place within the cities or limits aforesaid, shall deliver to or tender to or for or on account of the buyer thereof a less number of bundles and trusses of hay or straw as or for the true number bought and sold, or if the driver of the waggon, wain or cart, in which such hay or straw shall be for the purpose of being delivered according to such sale, shall secrete, keep back or withhold any part of the said hay or straw, or shall deliver a less number of bundles or trusses to the buyer, such driver or person selling knowing the same so delivered not to be the true number bought or which ought to be delivered according to such sale, every driver or person selling so offending shall forfeit and pay the sum of five pounds for every bundle or truss of hay or straw so secreted, kept back, withheld or not delivered, and in default of immediate payment of any such penalty by any such driver, on conviction before any justice of the peace in whose jurisdiction the offence shall have been committed, such driver or person selling shall be forthwith sent by warrant under the hand and seal of such justice to the house of correction or other prison within the jurisdiction of such justice, there to remain and be kept to hard labour.

AND that if any person or persons, after having brought or received any hay or straw for sale, or exposed any hay or straw to sale on a market day, in any market or place for sale of hay or straw within the cities or limits aforesaid, which shall not be sold, shall thereupon lodge the same in any place near to such market or place as aforesaid, and shall not, if the same be not before that time sold, bring and expose the said hay or straw for sale in such market or place by eleven of the clock in the forenoon of the next ensuing market day, or if any person lodging any hay or straw as aforesaid which shall be brought to any place for the purpose of sale on a bye day or a day between the usual market days shall not, if the same be not before that time sold, bring and expose all such hay or straw for sale in such market near to where the same was lodged, on the following market day by the same hour as aforesaid, or as soon after as the weather will permit without endangering the spoiling or injuring the same, every person so offending shall forfeit and pay for every such offence any sum of money not exceeding five pounds, nor less than forty shillings.

AND that if any person who shall have been concerned in buying or selling any hay or straw within the cities or limits aforesaid shall give, take or receive any false or untrue receipt, ticket or memorandum of the price of any hay or straw so sold or bought as aforesaid, expressive of a greater or less price than what the same was really and truly sold for or bought, every person so offending shall for every such offence forfeit and pay any sum not exceeding ten pounds, nor less than five pounds, upon complaint being made to any justice of the peace within whose jurisdiction the offence shall have been committed at any time within six calendar months after such offence committed, any thing herein-after contained to the contrary thereof in anywise notwithstanding: Provided always, that if any person offending in either of the cases aforesaid shall, within the said space of six calendar months, give information of and prosecute to conviction any other person so offending, such informer shall be indemnified from the penalty herein-before mentioned.

PROVIDED always, that no person shall be prosecuted for any of the before-mentioned offences, except where it has been or shall be herein otherwise expressed, unless information of any such offence be given to the proper magistrate, within fourteen day next after the commission of such offence.

AND for the more speedy recovery of all and every forfeiture which shall be incurred under this Act, and for the disposing thereof, be it further enacted, that on complaint or information being made to any justice of the peace of any offence committed against this Act within the jurisdiction of such justice, such justice is hereby required and authorized to proceed to hear and determine the matter of the said complaint, by the oath or oaths of any one more credible witness or witnesses, and to convict the respective offender, and to award and adjudge the respective penalties imposed by this Act to be paid by such offender together with the reasonable costs and charges attending such conviction.

PROVIDED always, that when and as often as it shall happen that any salesman or salesmen shall in manner aforesaid be convicted of any offence against this Act, and thereby become subject to the payment of any of the penalties before mentioned, it shall be lawful for any such salesman to exhibit his complaint or information against the farmer or other person for whom or on whose account he shall have sold the hay or straw (on account of which such salesman or salesmen shall have been so convicted), before some justice of the peace within the jurisdiction in which such hay or straw shall have been so sold; and such justice is hereby required to summon such farmer or other person, and also any witness or witnesses, to appear before him the said justice, on a day to be appointed and named in the said summons (not less than seven days after the issuing of such summons), although such farmer or other person against whom such information shall be laid may happen to reside out of the county, city, borough, division or liberty, in which such hay or straw may have been so sold; and on its being made appear to the said justice on oath that such summons was duly served upon or left at the usual place of abode of the party summoned, then every such justice is hereby authorized and required to proceed to hear and determine the matter of the said complaint or information, in like manner as is herein-before provided and directed for hearing of complaints against salesmen: and if it shall appear to the satisfaction of such justice that such salesman shall not have been guilty of or privy to any fraud or deceit in the premises, but that such fraud or deceit was imputable to such farmer or other person so complained against as aforesaid, then such justice is hereby authorized and required to award to such salesman the amount of the penalty so by him paid as aforesaid, together with full costs and charges, as well those occasioned by the complaint against him as by such subsequent complaint against such farmer or other person, such costs and charges to be first ascertained and allowed by such justice, and to adjudge the said farmer or other person, the owner of the said hay or straw, to pay the same; and the said justice is hereby authorized and required, by warrant under his hand and seal, to cause the same to be levied in like manner as penalties and forfeitures are by this Act directed to be levied and recovered.

Provided nevertheless, that every such complaint or information shall be made within fourteen days after the conviction of such salesman as aforesaid and not afterwards.

PROVIDED always, that if any person convicted of any offence punishable by this Act shall think him, her or themselves aggrieved by the judgement or determination of any such justice as aforesaid, such person may appeal against the same to the justices at the general or general quarter sessions of the peace and the justices of the peace at such general or general quarter session of the peace are hereby authorized and required, on every such appeal being made, finally to hear and determine the matter of every such appeal, and to make such order and to award such costs therein as they in their discretion shall seem meet; and which said order and determination shall be final and conclusive to all parties, and no certiorari shall be allowed to remove any such proceedings or determination.

AND every penalty and forfeiture by this Act imposed shall, when recovered, go and be paid to the person or persons who shall prosecute to conviction any offender or offenders against this Act.

AND no person shall be sued or prosecuted for anything done in pursuance or in execution of this Act after the expiration of six months from the offence committed, and every such suit or prosecution shall be brought in the county or place where such offence shall have been committed; and every person so sued shall and may plead the general issue, not guilty, and may give this Act and the special matter in evidence at any trial to be had thereupon; and if a verdict shall be found for the defendant or defendants, or if the plaintiff shall become nonsuit or discontinue his action after the defendant shall have appeared, or if judgement shall have be given upon a demurrer against the plaintiff or plaintiffs, the defendant or defendants in every such action shall recover double costs, and have the like remedy for the same as defendants have in other cases for recovery of their costs.